I worry that my employer won’t extend my current H1B when it expires in July. Then I have to transfer from H1B to H4 following my husband status. His H1B is till October 2010. I am not sure what documents are needed to submit change of status. I made a list myself. Could you please advice if they are good? I really appreciate your reply.
- Check of $300 to the Department of Homeland Security
- Copy of marriage certificate (copy is okay, or it must be original?)
- Copy of my current H1B I-797, although it will expire soon.
- Copy of my passport including photo, expiration date and biographical info, and all prior U.S. visa stamps
- Current I-94 copy (I went back to home country, and it is different from the one in I-797).
- Copy of his H1B I-797.
That looks pretty good to me. Some lawyers add in some items to show the marriage bona fides (joint property, bills, etc.) and also prior divorce decrees to show the marriage is legal.
I would recommend that you have an attorney review the application prior to filing. You should only submit copies to USCIS and you will need to prove to them that both you and your husband have been maintaining H-1B status prior to filing the H-4 application (i.e., you will also need copies of recent pay stubs).
Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.